October 1675

Oct. 1.Whitehall.

688. Order of the King in Council. Whereas Col. Philip Warner,
late Deputy Governor of Antigua, stands charged with the murder
of his brother Tho. Warner, an Indian, and the destruction of other
Indians, his Majesty's friends, in the Island of Dominica, for
which he remains at present a prisoner in the Tower, and his
Majesty being willing to know where the trial of the said facts
will properly be, whether at Barbadoes where the information was
taken and from whom it was sent, or in the government of
Col. Stapleton, by whom said Col. Warner alleges to have been
employed, ordered that copies of the commissions of Sir Jonathan
Atkins, Governor of Barbadoes, and Col. Stapleton, Governor of the
Leeward Islands, be transmitted to the Attorney and Solicitor
General, that they may report where the trial may most properly
be carried on. 1 p. [Col. Entry Bk., No. XCVI., 17.]

Oct. 2.Whitehall.

689. Minutes of the Committee of Trade and Plantations. Sir
Leoline Jenkins called in, touching the case of Capt. Cooke.
Ordered, that the Council Books be searched for all complaints of
his Majesty's subjects against those of Spain. ½ p. [Col. Entry
Bk., No. CIV., 41.]

Oct. 3/13Barbadoes.

690. Gov. Sir Jonathan Atkins to Sec. Sir Joseph Williamson.
Received his of 8th June and 29th July at same time, ships often
taking three months on the voyage; and are often three months
without any ships, and never so few has come as this year, which
has advanced freight to such a height as considering the low price of
the commodity in England it is impossible for them long to continue to make sugars. Intimated this not long since, and has
never missed one convenience of corresponding. Gave advice in
his last of a damnable design of the negroes to destroy them all.
Finds it on more thorough inquiry far more dangerous than was
at first thought, for it had spread over most of the plantations,
especially amongst the Cormantin negroes, who are much the
greater number from any one country, and are a warlike and
robust people. Has been forced to execute 35 of them for
example, which he believes has set a period to that trouble. But
their sufferings are infinitely augmented by a hurricane the last
of August last, the ruin of houses, works, mills, sugars, and
utensils being incredible, their canes for next year's sugar crop
twisted and broken off, their corn and ground provisions that
should have kept their families six months, laid flat or rooted up.
Never was seen such prodigious ruin in three hours; there are
three churches, 1,000 houses, and most of the mills to Leeward
thrown down, 200 people killed, whole families being buried in the
ruins of their houses, a torrent of rain beat down all before it,
unroofing all their storehouses and letting in the wet to their
sugars; never saw a more amazing sight in one night, all the trees
were stripped of leaves and fruit, all their housing laid flat, and
the people in such consternation and distraction that they resolved
never to build again but to leave the island. But upon second
thoughts many have changed their minds and are repairing as fast
as they can, but a great many can never be able to do it. All the
prodigious effects of the hurricane would swell into a volume and
puzzle belief; 12 ships, some of them laden with sugar, were
driven ashore and broken to pieces. The King's frigate "Foresight"
saved herself by standing out to sea, perceiving the storm coming;
she called from the "Havana" to borrow powder, Jamaica being
forced to ask powder of the King's ships, not having 10 barrels in
their stores; he lent them 40 barrels out of the country's stores,
the King having none here. Has advice of 15 French frigates full
of land men watering at Madeira; conceives they saw some of
them off this island five weeks ago, and expects daily some news
of them by a sloop from Jamaica, and will transfer it by New
England. Hears they are much infested in New England hy
Indians, who have killed many and made great destruction of
their outward plantations, forcing the people to fly for safety. This
with the great provisions exhausted from them to Virginia, which
has been in a starving condition, has caused them to make an
embargo on all provisions, to the great prejudice of Barbadoes at
this conjuncture. Thanks for the very necessary intelligence
received by Sir Joseph's order, and the diligence of Mr. Yard. 2 pp.
[Col. Papers, Vol. 35, No. 29.]

Oct. 7.Whitehall.

691. Minutes of the Committee of Trade and Plantations.
Proposed to settle such a draft of a memorial to be presented in
the Court of France, touching reparation of injuries in St. Christopher's as may be well justified from matters of fact. Sir Chas.
Wheler and Mr. Slingsby called in, and the former draft read
and the voucher for each paragraph reasoned on. Mr. Sec. Williamson sends for Sir Charles's Commission and Instructions which
are read, to clear some doubt how far he was authorised in what
he did about ameliorations. His agreement with M. de Baas is also
read, whereon many discourses arose as if the price named in each
contract were allowed and the remedy of hardships left only in the
consciences and houses of the two Governors. Desire of the
Lords to see the particular points which were referred to the
two Kings, also Sir W. Lockhart's Instructions, whose Secretary
was ordered to return all the papers on this subject given to the
Ambassador at his going over. Sir Chas. Wheler's answer of
the 2nd September to Sir R. Southwell again read in part, but not
approved as any fit way for reparation, he himself acknowledging
some mistakes therein. The Books of Entries produced, out of
which the late Council by their Secretary Dr. Worseley extracted
such a narrative touching matters of fact in the proceedings of the
English and French Commissioners as gave warrant to the draft
given to M. Colbert, and from thence Mr. Slingsby drew his draft;
so that unless their Lordships go over all those sheets they cannot
make a new one; but by Sir Chas. Wheler's papers, reparation is
made both impracticable and impossible as demanded. 1½ pp.
[Col. Entry Bk., No. CIV., 41, 42.]

Oct. 7.St. Kitts.

692. Minutes of Council of St. Christopher's. John Gassan
accused of transporting in the French quarter a negro named
Fourry, formerly imprisoned for riotous actions against John
Chambers, acknowledging same was pardoned and ordered to
transport said negro out of this island and bring another instead
into the English quarter of this island and make satisfaction to
said Chambers for his loss. [Col. Papers, Vol. XXVIII., No. 69.]

Oct. 8.

693. Report of Sir Leoline Jenkins, Judge of the Admiralty, to
the King. On view of Capt. Cooke's proceedings in the Court of
Spain, and particularly of the two Commissions or sentences given
by the Queen Regent, it is his opinion that Capt. Cooke must
prosecute the effect of those two sentences at the Havana, and
must affect the Ministers of Justice there with a denial to execute
the Queen's Commissions, or else with such delays as amount to a
flat denial, before his cause be ripe for granting reprisals. True
the case is sad, and these sentences may be but an amusement to
put him off, which seems to be the judgment of Sir Wm. Godolphin,
upon which, as a matter of State, Sir Leoline will not offer anything; but as a matter of law, reprisals will not lie where there
is neither denial of justice, nor a delay of it amounting to a denial.
Argues that it cannot be said that there is a denial; that it could
not have been otherwise ordered than that the parties wronged be
sent to the Havana for reparation; that Captain Cooke did not
sue out any process against Francisco Lopez de Andrade and others
of the spoilers who were in Spain whilst he was there; that what
may seem hardest is that Capt. Cooke is sent to those that have
already flatly denied him justice; and that if they execute the
Queen's Commissions they will require a new liquidation and
fresh proofs of losses and damages; but to this will be answered in
Spain that those of the Havana are now no Judges, but only
Ministers to carry out the Queen's award; and that though the
proofs made in the Admiralty would have been sufficient to have
grounded reprisals on, yet the Queen not having condemned the
wrongdoers in the sum demanded, the law there allows the
Defendants, being seized, to bring the Plaintiff to a new liquidation.
Another mischief is, the wrongdoers may prove insolvent, or be
dead or out of the justice of the Havana, but these are accidents
for which the Crown of Spain can hardly be made accountable.
All these mischiefs together give little hopes of real reparation,
yet cannot excuse Capt. Cooke if he pretends to reprisals from
prosecuting his sentences at the Havana; for till he has used all
diligences that any subject of Spain would be obliged to, he will
not be sufficiently founded to obtain his Majesty's letters of reprisal. This will be extremely tedious, chargeable, and uncertain,
and can think of but one way to prevent it, viz.: by nominating
Commissioners on each side to determine this and all differences
arising from depredations at sea. This would bring on such
reckonings of the same kind as they at Madrid threaten to charge
on his Majesty's subjects; but it would be much the shortest way,
is expressly mentioned in the third Article of the Treaty of Madrid,
and was the usual course between Queen Elizabeth and her
neighbours. The Treaty of America does require a further adjustment, for it appears by the Queen's judgments about the Campeachy
wood and other matters, that in Spain they affix a new interpretation upon the Treaty, in declaring what shall be pirate or
not pirate, prize or not prize, without communicating with his
Majesty, or any publication that may reach his Majesty's subjects.
Endorsed, "Read at the Committee of Plantations, 1 Nov. 1675.
Read again, the 27th." 8 pp. [Col. Papers, Vol. 35, No. 30.]

Oct. 11.Custom House, London.

694. Report of the Commissioners of the Customs to the Committee for Plantations. Cannot inform their Lordships what persons
have been appointed to administer the oaths to the Governors of
the Plantations, or what has been done by the Governors, as it
does not come within their cognizance. On inquiries, find that no
such bonds or duplicates as are required by the Acts of Trade have
been received from any of the Governors since the commencement
of their Commission, nor any lists of ships or bonds from any of
the Governors, except from Charles Calvert, Governor of Maryland,
who has a salary from his Majesty; bonds and lists of ships laden
from 26 June 1673 to 21 July 1674, and by the direction of Edward
Diggs, who also has a salary from his Majesty, four copies of bonds
from Henry Corbyn, dated Dec. and Jan. 1674, and from the
Secretary of the Massachusetts eight bonds, all that were taken in
1674; have also received bonds, &c., from the Governors of Antigua
and Nevis. Represent that if the Governors did send bonds, it
would be a great means to prevent the fraud used in carrying
Plantation commodities to other parts. "Read, 2 Dec." [Col.
Entry Bk., No. 97, pp. 22–25.]

Oct. 11.Custom House, London.

695. Report of Richard Temple and three others, Farmers of
the Customs, to (the Lord Treasurer) concerning the returning of
bonds from the Plantations. In obedience to his Lordship's commands by Charles Bertie, upon a letter of Sir Robert Southwell
touching the trade of New England and those parts, answer to the
first point: That though by law it is provided that Governors of
his Majesty's Plantations shall take oath before persons authorized
by his Majesty to do their utmost to cause the laws to be observed,
yet what persons have been so appointed by his Majesty, or what
has been done by the Governors, is not within their cognizance;
and to the second: That by the Act of Navigation it is provided
that the Governors, twice every year, return true copies of bonds
taken by them to the Chief Officers of the Customs in London;
and by a later Act for regulating the Plantation trade, that the
Governors do, once a year at least, return to the Officers of the
Customs in London a list of all such ships as shall lade any of
the enumerated Plantation commodities, as also of the bonds taken
by them. But Sir John Shaw, who is the proper officer, has received no such bonds since the commencement of their Commission;
nor have they received any lists of ships or bonds from any of the
Governors, except from Chas. Calvert, Governor of Maryland, who
has a salary from his Majesty; copies of several bonds, with a list
of ships laden from 26 June 1673 to 21 July 1674, by direction
of Edw. Diggs in Virginia, who has also a salary from his Majesty;
four copies of bonds from Henry Corbyn, dated Dec. and Jan.
1674–75, taken in Rappahannock River; and from the Secretary
of the Massachusett's jurisdiction in New England eight bonds,
which are all that were taken in 1674; and since the collection of
the new duty in the Plantations, whereof some of the Governors
are collectors, they have received from the Governor of Antigua
copies of bonds and certificates of ships cleared from October 1673
to April 1675; from the Governor of Nevis a list of bonds and
certificates from 18 July 1673 to 20 May 1674; and from the
Governor of Bermudas the copy of one bond. Humbly offer that
if the Governors did according to law, send copies of bonds and
lists of the ships there laden, it would be a great means to prevent
the fraud used in carrying the Plantation commodities to other
parts. In margin, "Custom Farmers Report. … Recd,
Oct. 16th, '75. Read at the Commtee the 2nd Decr 75. Memdm,
the original remained with my Ld Treasr, and this copy was sent
in by Capt. Shales." 2 pp. [Col. Papers, Vol. 35, No. 31.]

Oct. 12.

696. Report of the Attorney and Solicitor General to (the
Lords of the Committee for Foreign Plantations), pursuant to an
Order of Council of 23rd June last (see ante, No. 603 I.). On petition
of Francis Moryson, Thos. Ludwell, and Robt. Smith, Agents for
Virginia. That it will be for his Majesty's service to grant and
confirm under the Great Seal power to the Governor and Council
of Virginia to purchase the lands, &c., contained in the grant to
the Earl of St. Albans, Lord Culpeper, and others, and as to that
purpose only to be made a Corporation to purchase and retain the
same. The inhabitants to have their immediate dependance upon
the Crown of England. The Governor to be resident in the country,
with other provisoes. 3 pp. [Col. Papers, Vol. 35, No. 32.]

Oct. 12.

697. Copy of the preceding with this addition:—"Whereupon
their Lordships after debate agree upon a report contained in the
following order approving the same." Annexed,

697. i. Order of Committee of Trade and Plantations. On
reading the Attorney and Solicitor-General's report of
12th October about Virginia (see preceding), Moryson and
another of the Agents being called in, the 4th, 6th, and
9th Articles (of the Heads which said Agents request may
be drawn up into a Charter for Virginia, see ante, No. 602 I.,)
are explained, and in case of death or absence of the
Governor, leave to be given to choose a Deputy Governor
themselves out of the Council, unless the King nominate
one of the Council. All these things are to be expressed
as granted to them out of his Majesty's grace and goodness
to his subjects and all ordered to be reported to his
Majesty in Council. Whitehall, 19th October 1675. [Col.
Entry Bk., Vol. CIV., p. 72.]

697. ii. Order of the King in Council. On aforesaid report touching
a grant to be passed unto his Majesty's subjects of
Virginia approving and confirming the same and requiring
Mr. Attorney or Mr. Solicitor-General to prepare a Bill for
his Majesty's signature in order to the passing of Letters
Patent for the same. Two copies. 3 pp. [Col. Papers,
Vol. 35, Nos. 33, 34, 35; see also Col. Entry Bks., Vol. 96,
pp. 20–23, and Vol. 80, pp. 40–46.]

Oct. 17.

698. Order of a General Court held at James City. That Giles
Bland for his scandalous letters read in open Court and false and
mutinous reports, assertions, behaviours and deportments towards
Governor Berkeley which he either would not or could not justify,
be committed to the custody of the High Sheriff of James City
County until he give good security for his good behaviour, and
suspended from his place of Collector of his Majesty's Customs
and all other offices in Virginia until his Majesty's pleasure be
further known. 2 pp. [Col. Papers, Vol. 35, No. 36.]

Oct. 22.Whitehall.

699. Order of the King in Council. The Attorney and SolicitorGeneral this day presented their report touching the trial of Col.
Warner, and by what way and method the same might be most
properly pursued, his Majesty before taking a final determination is
pleased to allow said Col. Warner copy of said report that he may
show cause, if any he can, why his Majesty should not proceed by a
special Commission of Oyer and Terminer for his trial in Barbadoes
accordingly. ½ p. [Col. Entry Bk., No. XCVI., 17, 18.]

Oct. 26.

700. Laws and Ordinances of, War passed and made 26th October
1675 by the General Court of the Massachusetts for the better
regulating their forces and keeping their soldiers to their duty, and
to prevent profaneness that iniquity be kept out of the Camp:—1. No man to blaspheme the Trinity upon pain of having his tongue
bored with a red hot iron. 2. Unlawful oaths and execrations and
scandalous acts in derogation of God's honour to be punished with
loss of pay and other punishment at discretion. 3. All who often
and wilfully absent themselves from the public worship of God to
be proceeded against at discretion. 4. Negligent doing of duty to
be punished at discretion. 5. Quarreling with a superior officer to
be punished by cashiering, and striking such, by death. 6. Departing from his charge or Captain to be punished by death. 7. Every
private soldier to keep silence on pain of imprisonment when the
Army is to take lodging or imbattalio, so as the officers be heard
and their commands executed. 8. No man to resist, draw, lift, or
offer to draw or lift his weapon against his officer correcting him
orderly on pain of death. 9. Words of sedition or mutiny to be
punished by death. 10. Resistance to the Provost Marshal or any
other officer in executing his office to be punished by death. 11.
They that hear mutinous speeches and do not acquaint their
Commanders to be punished with some grievous punishment. 12.
Drunkenness in an officer to be punished with loss of place, in a
private soldier as a Court Martial may think fit. 12. Rapes, ravishment, unnatural abuses and adultery to be punished by death.
14. Fornication and other dissolute lasciviousness to be punished
with discretion according to the quality of the offence. 15. Theft
and robbery to be punished with restitution and otherwise at discretion. 16. Murder to be expiated with the death of the murderer.
17. Soldiers, coming to their colours to watch or be exercised or to
service, to come completely armed and arms well fixed upon punishment. 18. If any shall negligently lose or sinfully play away their
arms at cards or dice or otherwise, they shall be kept as pioneers or
scavengers till they furnish themselves with good arms. 19. None
shall presume to spoil, sell, or carry away ammunition committed to
him, on pain of death. 20. No soldier to outstay his pass without
a certificate of the occasion under the hand of a magistrate, on pain
of losing his pay. By grievous punishment is meant disgracing by
cashiering, by the strap pads, or by riding the wooden horse to fetch
blood; by arbitrary punishment or discretion is meant not to extend
to hazard life or limb. Endorsed in the hand-writing of Benjamin
Batten. Upon the Quakers' tomb at Boston, "Although our martyred
bodies in dust here silent lies, our religious souls for ever live, our
blood still vengeance cries." Marmdk. Stevenson, Wm. Robinson.
Printed, see also Palfrey's New England III., 172. 1 p. [Col.
Papers, Vol. 35, No. 37.]